AB426,29,217107.03Conflicting claims. In case of conflicting claims to a crevice or range 18bearing ores ornonferrous metallic minerals the court may continue any action to 19enforce a claim or grant any necessary time for the purpose of allowing parties to 20prove up their mines or diggings if it satisfactorily appears necessary to the ends of 21justice. In such case the court or judge may appoint a receiver and provide that the 22mines or diggings be worked under the receiver's direction, subject to the order of the 23court, in such manner as best ascertains the respective rights of the parties. The ores 24ornonferrous metallic minerals raised by either party pending the dispute shall be 1delivered to the receiver, who may, by order of the court or judge, pay any rent or other 2necessary expenses therefrom.

AB426,29,154107.04Lessee's fraud; failure to work mine. Any miner who conceals or 5disposes of any ores ornonferrous metallic minerals or mines or diggings for the 6purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or7nonferrous metallic minerals raised by the miner for 3 days after the notice thereof 8and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and 9the landlord after the concealment or after 3 days have expired from the time of 10demanding rent, may proceed against the miner to recover possession of the mines 11or diggings in circuit court as in the case of a tenant holding over after the 12termination of the lease. If a miner neglects to work his or her mines or diggings 13according to the usages of miners, without reasonable excuse, he or she shall likewise 14forfeit the mines or diggings and the landlord may proceed against the miner in like 15manner to recover possession of the mines or diggings.

AB426,30,317107.11Account of orenonferrous metallic minerals received. Every 18person operating a metal recovery system and every purchaser of ores and19nonferrous metallic minerals shall keep a substantially bound book, ruled into 20suitable columns, in which shall be entered from day to day, as ores ornonferrous 21metallic minerals are received, the following items: the day, month and year when 22received; the name of the person from whom purchased; the name of the person by 23whom hauled and delivered; name of the owner of the land from which the ores or24nonferrous metallic minerals were obtained, or if not known, the name of the 25diggings or some distinct description of the land. The bound book shall be kept at the 1furnace or at the usual place of business of such person or purchaser or his or her 2agent in this state, and shall be open to authorized representatives of the department 3of revenue at reasonable times for inspection and taking extracts.

AB426,30,115107.12Penalty. If any person operating a metal recovery system or purchaser 6of ores andnonferrous metallic minerals or the agent of any such person or purchaser 7doing business fails to keep such a book or to make such entries as required under 8s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts 9or makes false entries in the book he or she shall forfeit $10 for each offense, one-half 10to the use of the prosecutor; and each day such failure or refusal continues shall be 11deemed a distinct and separate offense.

AB426, s. 2812Section
28. 107.20 (1) of the statutes is amended to read:

AB426,30,2413
107.20 (1) Any provision of an exploration mining lease entered into after April 1425, 1978, granting an option or right to determine the presence, location, quality or 15quantity of metalliferousnonferrous metallic minerals shall be limited to a term not 16exceeding 10 years from the date on which the exploration mining lease is recorded 17in the office of the register of deeds of the county where the property is located, except 18that any provision of an exploration mining lease entered into after April 25, 1978, 19granting an option or right to determine the quality and quantity of metalliferous20nonferrous metallic minerals under a prospecting permit shall be limited to a term 21not exceeding 10 years from the date that the lessee applies for a prospecting permit 22under s. 293.35, if the lessee applies for the prospecting permit within 10 years from 23the date on which the exploration mining lease is recorded in the office of the register 24of deeds of the county where the property is located.

AB426, s. 2925Section
29. 107.20 (2) of the statutes is amended to read:

AB426,31,51107.20 (2) Any provision of an exploration mining lease entered into after April 225, 1978, granting an option or right to develop or extract metalliferousnonferrous 3metallic minerals shall be limited to a term not exceeding 50 years from the date on 4which the exploration mining lease is recorded in the office of the register of deeds 5of the county where the property is located.

AB426, s. 306Section
30. 107.30 (1) of the statutes is amended to read:

AB426, s. 319Section
31. 107.30 (18) of the statutes is amended to read:

AB426,31,1310
107.30 (18) "Refining" means the process by which
metal or valuablea 11nonferrous metallic mineral is extracted and purified from an ore or concentrate and 12includes but is not limited to hydrometallurgical operations such as leaching and 13pyrometallurgical operations such as fire refining, roasting and cindering.

AB426, s. 3214Section
32. 107.30 (20) of the statutes is amended to read:

AB426,31,1715
107.30 (20) "Smelting" means any metallurgical operation in which nonferrous16metal is separated by fusion from those impurities with which it may be chemically 17combined or physically mixed such as in ores.

AB426, s. 3318Section
33. 160.19 (12) of the statutes is amended to read:

AB426,31,2519
160.19 (12) The requirements in this section shall not apply to rules governing 20an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility 21regulated under subch. III of ch. 289 which is part of an activity regulated under ch. 22293 or subch. III of ch. 295, except that the department may promulgate new rules 23or amend rules governing this type of activity, practice or facility if the department 24determines that the amendment or promulgation of rules is necessary to protect 25public health, safety or welfare.

AB426,32,92
196.491 (4) (b) 2. The person shows to the satisfaction of the commission that 3the person reasonably anticipates, at the time that construction of the equipment or 4facilities commences, that on each day that the equipment and facilities are in 5operation the person will consume no less than 70% of the aggregate kilowatt hours 6output from the equipment and facilities in manufacturing processes at the site 7where the equipment and facilities are located or in ferrous mineral mining and 8processing activities governed by subch. III of ch. 295 at the site where the mining 9and processing equipment and facilities are located.

AB426,32,2311
281.65 (2) (a) "Best management practices" means practices, techniques or 12measures, except for dredging, identified in areawide water quality management 13plans, which are determined to be effective means of preventing or reducing 14pollutants generated from nonpoint sources, or from the sediments of inland lakes 15polluted by nonpoint sources, to a level compatible with water quality objectives 16established under this section and which do not have an adverse impact on fish and 17wildlife habitat. The practices, techniques or measures include land acquisition, 18storm sewer rerouting and the removal of structures necessary to install structural 19urban best management practices, facilities for the handling and treatment of 20milkhouse wastewater, repair of fences built using grants under this section and 21measures to prevent or reduce pollutants generated from mine tailings disposal sites 22for which the department has not approved a plan of operation under s. 289.30 or s. 23295.51.

AB426,33,31281.75 (17) (b) This section does not apply to contamination which is 2compensable under subch. II of ch. 107 or s. 293.65 (4) or to contamination arising 3out of mining operations governed by subch. III of ch. 295.

AB426,33,95
287.13 (5) (e) Solid waste produced by a commercial business or industry which 6is disposed of or held for disposal in an approved facility, as defined under s. 289.01 7(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit 8under s. 295.58, owned, or leased by the generator and designed and constructed for 9the purpose of accepting that type of solid waste.

AB426,33,1611289.35Shoreland and floodplain zoning. Solid waste facilities are 12prohibited within areas under the jurisdiction of shoreland and floodplain zoning 13regulations adopted under ss. 59.692, 61.351, 62.231 and
, 87.30, and 281.31, except 14that the department may issue permits authorizing facilities in such areas. If the 15department issues a permit under this section, the permit shall specify the location, 16height, or size of the solid waste facility authorized under the permit.

AB426, s. 423Section
42. 293.01 (5) of the statutes is amended to read:

AB426,34,104
293.01 (5) "Mineral exploration" or "exploration", unless the context requires 5otherwise, means the on-site geologic examination from the surface of an area by 6core, rotary, percussion or other drilling, where the diameter of the hole does not 7exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or 8establishing the nature of a known nonferrous metallic mineral deposit, and includes 9associated activities such as clearing and preparing sites or constructing roads for 10drilling.

AB426, s. 4311Section
43. 293.01 (7) of the statutes is amended to read:

AB426,34,2112
293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral, 13liquid, vegetation and other material directly resulting from or displaced by the 14mining, cleaning or preparation of nonferrous metallic minerals during mining 15operations which are determined by the department to be marketable upon a 16showing of marketability made by the operator, accompanied by a verified statement 17by the operator of his or her intent to sell such material within 3 years from the time 18it results from or is displaced by mining. If after 3 years from the time merchantable 19by-product results from or is displaced by mining such material has not been 20transported off the mining site, it shall be considered and regulated as refuse unless 21removal is continuing at a rate of more than 12,000 cubic yards per year.

AB426, s. 4523Section
45. 293.01 (9) of the statutes is amended to read:

AB426,35,224
293.01 (9) "Mining" or "mining operation" means all or part of the process 25involved in the mining of nonferrous metallic minerals, other than for exploration or 1prospecting, including commercial extraction, agglomeration, beneficiation, 2construction of roads, removal of overburden and the production of refuse.

AB426, s. 463Section
46. 293.01 (12) of the statutes is amended to read:

AB426,35,94
293.01 (12) "Mining site" means the surface area disturbed by a mining 5operation, including the surface area from which the nonferrous metallic minerals 6or refuse or both have been removed, the surface area covered by refuse, all lands 7disturbed by the construction or improvement of haulageways, and any surface areas 8in which structures, equipment, materials and any other things used in the mining 9operation are situated.

AB426, s. 4710Section
47. 293.01 (12m) of the statutes is created to read:

AB426,35,1311
293.01 (12m) "Nonferrous metallic mineral" means an ore or other earthen 12material to be excavated from the natural deposits on or in the earth for its metallic 13content but not primarily for its iron oxide content.

AB426, s. 4814Section
48. 293.01 (18) of the statutes is amended to read:

AB426,36,215
293.01 (18) "Prospecting" means engaging in the examination of an area for the 16purpose of determining the quality and quantity of nonferrous metallic minerals, 17other than for exploration but including the obtaining of an orea nonferrous metallic 18mineral sample, by such physical means as excavating, trenching, construction of 19shafts, ramps and tunnels and other means, other than for exploration, which the 20department, by rule, identifies, and the production of prospecting refuse and other 21associated activities. "Prospecting" shall not include such activities when the 22activities are, by themselves, intended for and capable of commercial exploitation of 23the underlying nonferrous ore body. However, the fact that prospecting activities and 24construction may have use ultimately in mining, if approved, shall not mean that 25prospecting activities and construction constitute mining within the meaning of sub. 1(9), provided such activities and construction are reasonably related to prospecting 2requirements.

AB426, s. 493Section
49. 293.01 (25) of the statutes is amended to read:

AB426,36,94
293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and 5other material, except merchantable by-products, directly resulting from or 6displaced by the prospecting or mining and from the cleaning or preparation of 7nonferrous metallic minerals during prospecting or mining operations, and shall 8include all waste materials deposited on or in the prospecting or mining site from 9other sources.

AB426,36,2114
293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and 15293.81 and rules promulgated under those sections apply to radioactive waste site 16exploration, to activities related to radioactive waste site exploration and to persons 17engaging in or intending to engage in radioactive waste site exploration or related 18activities in the same manner as those sections and rules are applicable to 19nonferrous metallic mineral exploration, to activities related to nonferrous metallic20mineral exploration and to persons engaging in or intending to engage in nonferrous 21metallic mineral exploration or related activities.

AB426, s. 5222Section
52. 293.25 (4) of the statutes is amended to read:

AB426,37,623
293.25 (4)Regulation of exploration and related provisions. Sections 24293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under 25those sections apply to radioactive waste site exploration, to activities related to 1radioactive waste site exploration and to persons engaging in or intending to engage 2in radioactive waste site exploration or related activities in the same manner as 3those sections and rules are applicable to nonferrous metallic mineral exploration, 4to activities related to nonferrous metallic mineral exploration and to persons 5engaging in or intending to engage in nonferrous metallic mineral exploration or 6related activities.

AB426,37,188
293.37 (4) (b) If the department finds that the anticipated life and total area 9of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation 10of the mining site consistent with this chapter requires a comprehensive plan for the 11entire affected area, it shall require an operator to submit with the application for 12a mining permit, amended mining site or change in mining or reclamation plan, a 13comprehensive long-term plan showing, in detail satisfactory to the department, the 14manner, location and time for reclamation of the entire area of contiguous land which 15will be affected by mining and which is owned, leased or under option for purchase 16or lease by the operator at the time of application. Where a nonferrous metallic17mineral deposit lies on or under the lands of more than one operator, the department 18shall require the operators to submit mutually consistent comprehensive plans.

AB426,38,64
293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a 5permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of 6the following conditions are satisfied:

AB426,38,138
293.50 (2) (a) The department determines, based on information provided by 9an applicant for a permit under s. 293.49 and verified by the department, that a 10mining operation has operated in a sulfide ore body which, together with the host 11nonferrous rock, has a net acid generating potential in the United States or Canada 12for at least 10 years without the pollution of groundwater or surface water from acid 13drainage at the tailings site or at the mine site or from the release of heavy metals.

AB426,38,2115
293.50 (2) (b) The department determines, based on information provided by 16an applicant for a permit under s. 293.49 and verified by the department, that a 17mining operation that operated in a sulfide ore body which, together with the host 18nonferrous rock, has a net acid generating potential in the United States or Canada 19has been closed for at least 10 years without the pollution of groundwater or surface 20water from acid drainage at the tailings site or at the mine site or from the release 21of heavy metals.

AB426, s. 5922Section
59. 293.51 (1) of the statutes is amended to read:

AB426,39,1323
293.51 (1) Upon notification that an application for a prospecting or mining 24permit has been approved by the department but prior to commencing prospecting 25or mining, the operator shall file with the department a bond conditioned on faithful 1performance of all of the requirements of this chapter and all rules adopted by the 2department under this chapter. The bond shall be furnished by a surety company 3licensed to do business in this state. In lieu of a bond, the operator may deposit cash, 4certificates of deposit or government securities with the department. Interest 5received on certificates of deposit and government securities shall be paid to the 6operator. The amount of the bond or other security required shall be equal to the 7estimated cost to the state of fulfilling the reclamation plan, in relation to that 8portion of the site that will be disturbed by the end of the following year. The 9estimated cost of reclamation of each prospecting or mining site shall be determined 10by the department on the basis of relevant factors including, but not limited to, 11expected changes in the price index, topography of the site, methods being employed, 12depth and composition of overburden and depth of nonferrous metallic mineral 13deposit being mined.

AB426,39,1915
293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater 16for prospecting or mining or to dewater mines if the capacity and rate of withdrawal 17of all wells involved in the withdrawal of groundwater or the dewatering of mines 18exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge 19pollutants resulting from the dewatering of mines.

AB426,40,221
293.65 (3) (b) The department may not issue an approval under s. 281.34 if the 22withdrawal of groundwater for prospecting or mining purposes or the dewatering of 23mines will result in the unreasonable detriment of public or private water supplies 24or the unreasonable detriment of public rights in the waters of the state. No 25withdrawal of groundwater for prospecting or mining purposes or the dewatering of 1mines may be made to the unreasonable detriment of public or private water supplies 2or the unreasonable detriment of public rights in the waters of the state.

AB426,40,154293.86Visitorial powers of department. Any duly authorized officer, 5employee or representative of the department may enter and inspect any property, 6premises or place on or at which any prospecting or metallic mining operation or 7facility is located or is being constructed or installed at any reasonable time for the 8purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 9289 to 292, 295 and 299, subchs. I and II of ch. 295, and rules adopted pursuant 10thereto. No person may refuse entry or access to any such authorized representative 11of the department who requests entry for purposes of inspection, and who presents 12appropriate credentials, nor may any person obstruct, hamper or interfere with any 13such inspection. The department shall furnish to the prospector or operator, as 14indicated in the prospecting or mining permit, a written report setting forth all 15observations, relevant information and data which relate to compliance status.